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Court observers scuttle Israeli judge's attempt to hold a closed doors hearing in protesters' criminal prosecution

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Joseph Zernik
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ign="left">Figure 3. Court Observers' Facebook group announced an "event" for today's court hearing in the criminal prosecution of Shem-Tov and Leybel, specifically because of concerns of violations of their Human and Civil Rights by the Court.

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Figure 4. State of Israel v Shem-Tov, Leybel and Zer (criminal 14615-04-17) -- public access to the entire court file is denied in Net-HaMishpat, case management of the Tel-Aviv District Court, with no lawful sealing order. The pop-up message says: "The user is not permitted to view instant court file". Such fake sealing has become the hallmark in prosecution of protest activists and whistle-blowers.

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(Image by State of Israel - public)   Details   DMCA

Figures 5. State of Israel v Shem-Tov, Leybel and Zer (criminal 14615-04-17) -- two "Post-it Decisions" by Judge Benny Sagi on repeat requests to inspect "lawfully made publication prohibition decree" and "lawfully made decision to conduct closed doors hearing". The April 18, 2017 "Post -it Decision" says: "At this stage, in view of the fact that no defense counsel has been appointed and their responses cannot be obtained, there is no way to review the request. Without addressing the Requester's right for the requested information and inspection of the court file, the Requester is permitted to re-file the request after representation of the Defendants is completed". The April 28, 2017 "Post-it Decision" says: "See my April 18, 2017 decision". In contrast, Israeli law says, "any person is permitted to inspect court decisions, which are not lawfully prohibited for publication". The request was filed in view of the unlawful denial of public access to the court file, and media publications, which purported that a gag order was imposed on the case. The request argued that such vague and ambiguous circumstances raise concerns regarding violations of Defendants' right for fair and public hearing on the one hand, and freedom of expression and freedom of the press on the other hand. The unsigned "Post-it Decisions" have never been served on the Requester, and the court file remains unlawfully sealed, leaving the Requester unaware of the decisions. Service and notice -- a fundamental principle in Due Process - is no longer practiced by Israeli judges in disregard of the law. Purportedly the publication of such records is a criminal offense, and therefore the sources are not listed.

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(Image by State of Israel - public)   Details   DMCA


(Image by State of Israel - public)   Details   DMCA

(Image by State of Israel - public)   Details   DMCA

Figures 6. State of Israel v Shem-Tov, Leybel and Zer (criminal 14615-04-17) -- two versions of the indictment record. Top: First and last page of the 152 page version, which was served on the Defendants in jail and published by media (at the same time that media implied that a gag order was imposed). Bottom: First and last page of the 164 page record, which was entered on April 18, 2017, in Net-HaMishpat -- case management system of the Tel-Aviv District Court - and is unlawfully sealed by the Court. The record, which was served on the Defendants in jail is patently invalid -- unsigned by the prosecutors, shows no court file number, no "Filed" stamp, and is missing the Prosecution's witness list and other critical details.

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Figure 7. State of Israel v Shem-Tov, Leybel and Zer (criminal 14615-04-17) -- April 24, 2017 open court hearing transcript is water-marked "Closed Doors", affecting its sealing in Net-HaMishpat -- public access system of the Court - and purportedly making its publication a criminal offense. The record also misrepresents what took place in open court, particularly regarding compliance with arraignment procedures and reading of the indictment. The combination of unlawful denial of public access to court records and falsification of court records is known for generations as a hallmark of incompetent and/or corrupt courts.

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Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.

His work won appreciation in Israel and abroad: * Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts (more...)
 
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